Regulators and governments around the world are rewriting the rules for the governance of corporations. Most of these initiatives focus on increasing board vigilance and minority shareholder protection. In the United States, these efforts have culminated in the passage of the Sarbanes-Oxley act, while in the European Union this has led to the talk of a possible European code of conduct on corporate governance.
While some academic research supports the hypothesis that shareholder rights and board vigilance stimulate the growth of financial markets and economics (for instance, see La Porta, Lopez-de Silanes, Shleifer, and Vishny (1998)), the hypothesis remains to be conclusively established. First, the ability of shareholder rights to explain financial market development in the time series is weak. In the United Kingdom around the turn of the last century a legal precedent, Foss vs Harbottle (1843) stripped minority shareholders of virtually all legal protection.